DeKalb County Cannabis – Is It Legal & Where To Buy 2025

Illinois Cannabis
DeKalb County Cannabis

Is Cannabis Cultivation Legal in DeKalb County?

Licensed cannabis cultivation for medical and adult use in DeKalb County is legal. The Compassionate Use of Medical Cannabis Program Act (410 ILS 130) authorized the use of cannabis for medical treatment in the State of Illinois on January 1, 2014. This was enhanced further by consequent versions of this law. The Cannabis Regulation and Tax Act (410 ILCS 705) made adult cannabis usage by adults 21 and older legal beginning January 1, 2020.

County and local governments may, however, choose not to allow adult-use cannabis businesses by passing an ordinance under 410 ILCS 705. DeKalb County Ordinance 2020-06 allows licensed cannabis cultivation businesses.

There are several licenses that a cannabis-growing firm can apply for. All are issued by the Division of Cannabis Regulation (DCR) of the Illinois Department of Agriculture (IDOA).

One is the conditional adult-use cannabis cultivation center license, but operations cannot commence until the adult-use cannabis cultivation center license has been obtained. The maximum cannabis crop canopy that 410 ILCS 705/20-30 allows licensed adult-use cannabis cultivation centers to grow is 210,000 square feet. They are also permitted to produce medical and adult-use cannabis products from their crops.

On January 1, 2020, holders of medical cannabis cultivation licenses under 410 ILS 130 were permitted to petition for the expedited approval of their adult-use cannabis cultivation center license under 410 ILCS 705/20-10.

The adult-use cannabis craft grower license is another type of license granted by the DCR. This allows the licensee to cultivate no more than 5,000 square feet of cannabis crop canopy. After reaching that limit, the licensee may petition to the DCR for additional growing area, with an upper limit of 14,000 square feet to be granted if demand from the market is significant.

According to 410 ILCS 705/1-5, cannabis crops are only allowed to be grown inside a building or greenhouse. The structure must be completely contained and safeguarded by locks and a security system that is operational 24/7 and previously approved by the Illinois State Police.

As of August 10, 2023, the State of Illinois had 22 licensed medical and adult-use cultivation centers and 88 licensed adult-use craft growers, with none in DeKalb County.

DeKalb County Ordinance 2020-06 has the following requirements for licensed adult-use cannabis craft growers:

The facility must be more than 1,500 feet away from a residential zone, place of worship, school from nursery up to the secondary level, daycare establishment, residential care establishment, public library, public park, game arcade open to minors, or forest reserve.
The licensee is required to file an affidavit of compliance with the DeKalb County Zoning Ordinance.
Upon request of the DeKalb County Sheriff's Office, the licensee must provide it with access to the facility’s security plans and security system.
Cannabis consumption is not allowed on-site.
During the application process, all requirements of the county must be submitted by the applicant.
If 410 ILCS 705 is amended, the more stringent regulation between the state and county will be applied.

The same regulations apply to licensed medical and adult-use cannabis cultivation centers, with the addition of the following:

The facility must be more than 2,500 feet away from a residential zone, place of worship, school from nursery up to the secondary level, daycare establishment, residential care establishment, public library, public park, game arcade open to minors, or forest reserve.
The facility must be housed in a stand-alone structure.
The facility must be surrounded by a fence that is no less than eight feet and no more than 10 feet high.
All storage must be indoors.
Temporary signage and digital message boards are prohibited.

Under 410 ILS 130, home cultivation of medical cannabis is allowed as long as the medical cannabis cardholder is at least 21 years old. County and municipal governments cannot ban this under 410 ILCS 705/55-25. Cannabis cultivated at home must be used for personal purposes exclusively and is not permitted to be sold. It can only be grown at the grower's principal residence and with the homeowner's permission. For each cardholder, a maximum of five plants over five inches tall are permitted. The growing process must take place indoors, within the home or a greenhouse, and must be hidden from public view. The right to cultivate medical cannabis at home will be suspended in the event of any regulation infraction.

Is Cannabis Manufacturing Legal in DeKalb County?

The licensed manufacturing of medical and adult-use cannabis products in DeKalb County is legal under the revised 410 ILS 130 and 410 ILCS 705 of the State of Illinois. Holders of the DCR-issued adult-use cannabis cultivation center license are authorized to produce medical and adult-use cannabis products, while holders of the DCR-issued cannabis infuser license are authorized to produce only adult-use cannabis products.

DeKalb County Ordinance 2020-06 allows both types of cannabis manufacturing licenses. As of August 10, 2023, the State of Illinois had 55 licensed adult-use cannabis infusers, but none were located in DeKalb County.

The requirements of DeKalb County Ordinance 2020-06 for licensed adult-use cannabis infusers are mostly the same as those for licensed adult-use cannabis craft growers, with the following changes:

The facility is not allowed to be in a residential building.
The facility must be more than 250 feet away from a residential zone.
The facility is required to be a stand-alone structure.

Is Cannabis Retail Legal in DeKalb County?

Licensed medical and adult-use cannabis retail in DeKalb County is legal as stipulated by the State of Illinois’ amended 410 ILS 130 and 410 ILCS 705. However, since 410 ILCS 705 allows counties and municipalities to opt out of adult-use cannabis businesses by ordinance, DeKalb County Ordinance 2020-06 prohibits adult-use cannabis dispensing organizations in its unincorporated areas. Only licensed medical cannabis dispensaries are allowed in the county.

In municipalities of DeKalb County that have opted into adult-use cannabis dispensing organizations, a company must apply to the Illinois Department of Financial and Professional Regulation (IDFPR) for a conditional adult-use cannabis dispensing organization license, followed by the adult-use cannabis dispensing organization license to be able to sell medical cannabis and its products to medical cannabis cardholders, and adult-use cannabis and its products to adults 21 and older.

On January 1, 2020, holders of medical cannabis dispensary licenses under 410 ILS 130 were authorized to seek accelerated approval for their adult-use cannabis dispensing organization license under 410 ILCS 705/15-15.

As of August 11, 2023, the State of Illinois had 149 licensed cannabis dispensaries, of which none were in DeKalb County.

DeKalb County Ordinance 2020-06 regulations for licensed medical cannabis dispensaries are the same as those for licensed adult-use cannabis infusers, with the following additions:

Operating hours allowed are 6 a.m. to 10 p.m. only.
The exterior of the dispensary facility must not display spotlights, searchlights, flashing lights, or similar illumination systems.
If the dispensary provides added packaging to the items it sells, these must be opaque and have the dispensary's name on them.

Both 410 ILCS 130 and 410 ILCS 705 allow licensed medical and adult-use cannabis shops to sell raw cannabis, tinctures, oils, cannabis-infused drinks, edible cannabis items, topical applications, and other cannabis products. According to 410 ILCS 705/55-21, each container of a cannabis product intended for ingestion may contain no more than 100 milligrams of tetrahydrocannabinol (THC). Any cannabis product intended for smoking must have a warning about the health risks of smoking.

410 ILCS 130 states that a medical cannabis cardholder may only obtain a 14-day supply of medicinal cannabis per 14 days, corresponding to 2.5 ounces. If the patient's health condition necessitates a higher dosage, a waiver from the patient's healthcare professional is necessary.

Adult residents of the State of Illinois who are aged 21 and above have the following purchasing limits per transaction:

Raw cannabis, 30 grams
Cannabis concentrate, five grams
Total THC in adult-use cannabis products, 500 milligrams

For age-qualified buyers who are residents of other states, the purchasing cap is just half of that for local residents.

Is Cannabis Delivery Legal in DeKalb County?

The delivery of medical and adult-use cannabis is prohibited in DeKalb County by the revised 410 ILS 130 and 410 ILCS 705 of the State of Illinois, even for licensed medical and adult-use cannabis retailers. The delivery of medical and adult-use cannabis is allowed only from a licensed medical and adult-use cannabis business to another through a DCR-licensed cannabis transporter.

How to Get a Medical Marijuana Card in DeKalb County

To acquire a medical cannabis card from the Medical Cannabis Patient Registry Program (MCPP) of the State of Illinois, residents of DeKalb County must apply online after obtaining a healthcare provider certification for a diagnosis of any of the following qualifying illnesses:

Spinal cord disease
Causalgia
Amyotrophic lateral sclerosis (ALS)
Post-Traumatic Stress Disorder (PTSD)
Hydrocephalus
Syringomyelia
Polycystic kidney disease (PKD)
Fibrous Dysplasia
Myasthenia Gravis
Nail-patella syndrome
Neuro-Bechet’s autoimmune disease
Migraines
Glaucoma
Seizures
Crohn’s disease
Chronic pain
Post-Concussion Syndrome
Neurofibromatosis
Cancer
Autism
Agitation of Alzheimer’s disease
Anorexia nervosa
Spinocerebellar ataxia
Spinal cord injury
Residual limb pain
Parkinson’s disease
Tourette syndrome
Severe fibromyalgia
Irritable bowel syndrome
Traumatic brain injury
Reflex sympathetic dystrophy
Multiple Sclerosis
Dystonia
Ulcerative colitis
Superior canal dehiscence syndrome
Chronic inflammatory demyelinating polyneuropathy
Muscular Dystrophy
Terminal illness
Neuropathy
Cachexia/wasting syndrome
Arnold-Chiari malformation
CRPS (complex regional pain syndrome Type II)
Hepatitis C
Myoclonus
Lupus
Rheumatoid arthritis
Sjogren’s syndrome
Ehlers-Danlos syndrome
Osteoarthritis
Interstitial cystitis
Hydromyelia
Tarlov cysts
HIV/AIDS

The healthcare provider must send an electronic copy of the patient's certification to the MCPP. A caretaker who must be a parent or a guardian must be assigned to a minor patient. Patients who are adults but require assistance may also choose a caregiver. All caregivers, like patients, must register online. For each candidate category, the following application instructions must be followed:

The fee depends on the candidate category, the length of the card’s validity, and any discount the applicant is qualified for. There is no charge for patients with terminal conditions.

From the patient's and caregiver's respective registry accounts, the digital medical cannabis card may be downloaded and printed. When using the digital medical cannabis card from their smartphone, they must present a separate valid physical ID at the medical cannabis dispensary.

Patients of the Opioid Alternative Pilot Program (OAPP) who are 21 and older may also apply for a medical cannabis card.

Queries may be sent to the following offices:

Medical Cannabis Patient Program

DPH.medicalcannabis@illinois.gov

1-855-636-3688 (9 AM - 4 PM Monday to Friday)

Opioid Alternative Pilot Program

DPH.OAPP@illinois.gov

855-636-3688

How Has Cannabis Legalization Impacted the Economy of DeKalb County?

As a non‐home rule county, the DeKalb County Ordinance No. 02019-38 levies a County Cannabis Retailers' Occupation Tax of 3.75% of the gross sales of adult-use cannabis in unincorporated areas of the county, and 0.75% of the gross sales of adult-use cannabis in its municipalities. This is charged to retailers on top of the State of Illinois’ Retailers' Occupation Tax of 6.25% on adult-use cannabis.

The Effects of Cannabis Legalization on Crime Rates in DeKalb County

Medical cannabis was legalized in the State of Illinois, including DeKalb County, in 2014, and adult-use cannabis was legalized in 2020.

Data on the Crime Explorer page of the FBI shows that in 2013, the year before the legalization of medical cannabis, there were 309 arrests for marijuana possession and 45 arrests for marijuana sales, totaling 354 marijuana offense arrests statewide.

In 2015, a year after the legalization of medical cannabis, there were 232 marijuana possession arrests and 24 marijuana sales arrests, totaling 256 marijuana offense arrests across the state.

In 2019, a year before the legalization of adult-use cannabis, there were 310 marijuana possession arrests and 15 marijuana sales arrests, totaling 325 marijuana offense arrests throughout the state.

In 2021, the latest data showed 1,159 marijuana possession arrests and 205 marijuana sales arrests, totaling 1,364 statewide marijuana offense arrests.

The number of DUI arrests during those years was as follows:

2013: 3,861 arrests
2015: 3,651 arrests
2019: 392 arrests
2021: 4,388 arrests